Planning Board
Wednesday, April 9, 2025
Meeting Minutes
Members present: Ryan Stone Co-Chair, Courtney Cox Co-Chair, Don Scott Alternate, Lisa Anderson, Pete Thayer, Andrew Maneval Select Board Representative, Sarah Kendall Alternate.
Attendees: Christine Destrempes, Scott Stone, Arlene Crowell, Brian Foucher, Chick Colony
Co-Chair Ryan Stone opened the meeting at 7:00 pm.
Agenda – With the possible addition of a discussion with Phillip Miner after 8:30 pm, the PB moved and voted in favor to approve the agenda as drafted.
Voting members – Mr. Stone noted the voting members included Ryan Stone, Courtney Cox, Lisa Anderson, Andrew Maneval and Peter Thayer. In the case of the Cobb Hill Radio Tower application, Mr. Thayer recused himself and Don Scott would serve as voting member.
Minutes of previous meeting, 3/12 – In a discussion of the March 12 minutes, Courtney Cox asked if Kathy Scott’s reaction to NHMA Attorney Jonathan Cowal’s input could be clarified. Mr. Cowal expressed that Planning Boards are not bound by a prior board’s decision. Ms. Cox wasn’t sure, in response to this NHMA input, what Ms. Scott’s “no” meant, if this response should be included in the minutes, and whether it reflected the position of the Select Board.
Mr. Maneval, the returning SB Representative to the PB, offered to obtain clarification from Ms. Scott for the minutes or otherwise have the SB as a whole address the issue, if the PB was interested in this. He emphasized that any opinion of the Select Board would have to reflect a majority of the Select Board.
Don Scott shared that the “no” was in reference to the RSAs distributed at the meeting by Ms. Scott. These provisions state that the 1981 PB decision is a legal document, and that the decision and the plat, as recorded, have standing today. Mr. Scott further confirmed that the “No” was not in reference to the possibility of a separate, or new, application process related to the parcel. Ms. Cox understood.
With this clarification reflected in these meeting minutes, the board then moved and voted in favor to approve the minutes of March 12. Mr. Maneval abstained as he was not in attendance.
PB Membership – Ryan Stone formally welcomed Mr. Maneval as returning SB Representative to the PB, and welcomed Sarah Kendall, newly appointed Alternate Member.
Public Hearing, Cobb Hill /Cheshire County Radio Tower Application, 164 Cobb Hill Road (Map 50 – Lot 15) – Mr. Stone introduced the application, submitted in person last month. He noted that PB members reviewed the submitted paperwork. Don Scott noted the reviewers found the required information all in order and then moved to accept the application as complete and to move forward with the public hearing. Courtney Cox seconded. The voting members for this matter voted 5-0 in favor.
Mr. Stone then formally opened the public hearing. Brian Foucher of WiValley, agent for the County Sheriff’s Department, spoke to the submitted plans, photographs and project specifications. He described in detail the proposed radio tower, its proposed location, and its equipment, power and engineering requirements.
Mr. Foucher described that the 103-foot tower, with a 103’ fall zone, clears all buildings and meets the town’s zoning ordinance setbacks. He confirmed that the Garlands, the property owner for the tower site, also own the abutting property that lies within the fall zone. Mr. Foucher confirmed that the County has obtained an easement with the property owners for the fall zone area on both parcels as part of the project agreement.
Power for the radio tower will come from Nelson and run via underground conduit to the equipment shed. A separate meter will be installed by Eversource for the County’s needs. Though the tower is self-standing, and does not require guy wires as part of the engineering, the County will nevertheless install 3 guy wires to be anchored to the ground. The foundation, made of concrete cast with rebar, will be anchored to ledge. An aluminum shield at the bottom of the structure will prevent unauthorized access or climbing and prevent the need for other fencing.
In response to questions from attendees, Mr. Foucher noted the nearest structure on the property is Cobb Hill’s “pavilion building”, which is approximately 113’ from the tower site.
Arlene Crowell, the County’s Director of Communications for Public Safety, described how the proposed omnidirectional antenna will communicate via two-way radio with police departments within the county, significantly upgrading service in Harrisville and surrounding towns. The tower could also support antennas for Southwest Mutual Aid, which has indicated interest in improving service in the area but is delayed by funding and technology upgrade needs. It is possible the tower also could accommodate one cell service carrier. Mr. Foucher reiterated the applicant’s recommendation that the PB approve only one tower at the site.
Mr. Foucher noted the County is ready to schedule the Balloon Test for visual impact, ideally within the next couple of weeks. When asked about locations in town where the tower might be visible, the applicant stated it would be slightly visible from locations on Nelson Road, but not from the General Store area.
When a resident asked about unsafe effects of radiofrequency radiation, Mr. Foucher and Ms. Crowell responded that these are two-way radiofrequencies, and that the antennas will be located at very safe distances from any structures or people.
As no lighting is required for a tower at the proposed height, it will not be illuminated.
Returning to discussion of the Balloon Test, Mr. Foucher explained that balloons will be placed at 103’ elevation, using a lift. They will be up for 24 hours to give people a chance to assess any impact from different locations and to submit any comments to the Planning Board prior to the next PB meeting on May 14. If the weather includes heavy rain and/or winds, the Balloon Test will be postponed until an alternate date. A public notice of the Balloon Test date and rain date will be posted at least 10 days prior to the test date.
Cessation of Tower Operation – The PB and applicants then addressed what would and should occur should the County in the future cease operating at this location. The Harrisville ordinances, under Article 19.6.2., require that applicants post a bond, the amount to be determined by the PB, representing the cost for removal and disposal of any abandoned facility.
The County noted it is its understanding that, even if the County eventually decides to locate antennas elsewhere, other operators of antennas on the tower would continue to use it and that the last user, as party to survivorship, would be the party responsible for removal. They added that the posting of a bond has not been customary for their operations elsewhere.
The PB considered options for fulfilling the bonding requirement under 19.6.2. Mr. Maneval offered several options, including setting the bond at minimal to no cost; another option is the PB could approve a waiver based on trust in the responsibility of the applicant to remove the tower if operations cease. Or, another option could involve a condition of approval with provisions for transfer of ownership and assignment of responsibility for removal to a subsequent operator. Arlene Crowell offered to check with county officials on both the bond requirement for tower removal or a provision for transfer of ownership.
RSA 674:54 Governmental Use of Land – The County acknowledged its eligibility for immunity from local zoning regulations for the proposed use; however, they prefer to undergo the application and hearing processes and work with communities on such projects. Under the relevant RSA, the PB determines whether or not a proposed Governmental Use of Land is in compliance with local zoning. In addition to submission of plans to the PB, the Select Board also receives a copy.
Site Plan Review and Conditional Use Permit application for PWSF – While the proposed tower requires both Site Plan Review and a Conditional Use Permit (CUP) for a Personal Wireless Services Facility, PB members felt much of the site plan regulations are addressed as part of the CUP application completed by the applicants. The PB asked Mr. Foucher to complete the Site Plan Review form to ensure the project is not in conflict with those requirements.
Site Visit and Balloon Test – The PB recommended a site visit take place the same day as the Balloon Test. The PB and applicants agreed the balloons will be an orange/red color and raised to the height of the tower and transmitter. The date of the Balloon Test was then set for Saturday, April 26, with an alternate date of Saturday, May 3, in case of inclement weather. A site visit by the board was confirmed for Saturday, April 26, at 8:30 am.
At 8:07 pm, the PB further agreed to recess the public hearing and continue the hearing to its next meeting, Wednesday, May 14, pending the balloon test and completion of the site plan review paperwork.
Returning to the issue of the bond requirement under 19.6.2., the applicants wondered if a waiver could be granted based on the public safety purpose of the project. The PB noted it supports the project but is bound by the statutes and ordinance provisions.
The PB then moved to defer a decision on the application to next month’s meeting, when the outstanding issues can be addressed. Courtney Cox seconded. All voted in favor. The applicants confirmed they will return then.
Planning Board Member Roles – Members stated they are comfortable remaining in their current positions on the board. Andrew Maneval then moved to cast one vote for the PB’s slate of officers as follows: Ryan Stone and Courtney Cox, Co-Chairs; Peter Thayer, Secretary. Don Scott seconded. All voted in favor.
Master Plan, Agriculture section – The PB reviewed the Agriculture Section of the Master Plan and discussed whether or not the objectives as drafted in the 2014 Master Plan remain relevant. Lisa Anderson shared proposed new language in the Implementation section and described its purpose. Members differed on the direction and process for the ongoing work to update the Master Plan and agreed to continue the discussion at next month’s meeting. The PB is charged with updating the Plan from time to time and bringing forward proposed changes to Town Meeting.
New business – The board discussed reorganizing or obtaining a new table for the conference room to prevent members’ having their backs to any attendees. Mr. Maneval will raise with the SB.
Rules of Procedure – Ryan Stone will share his proposed edits with members prior to next month’s meeting for discussion.
The meeting adjourned at 9:25 pm.